我军实施海上封锁作战的若干国际法问题

根据国际法有关规定,海上封锁作为一种作战手段和作战方法,只要在封锁中遵循国际人道主义法关于对作战手段和作战方法的限制,在国内武装冲突中实施海上封锁同样合法.而在我军实施海上封锁作战时,首先要根据我军的海上实力,在尽可能保证足够水面舰艇兵力的基础上,采取"指定航道"的封锁方法,以保证"封锁的实效性";其次,要根据敌舰船的不同情况,对破坏封锁的舰船进行具体认定、作出不同处置;再次,对敌进行封锁时,不能阻止国际社会对平民、伤者及战争受难者给予的国际人道主义援助.

On Several Problems of International Law When Marine Blockade as an Operation Carried out by Our Army

This essay holds that according to International Law, marine blockade, as a fighting method, is legal in armed conflict, provided that is strictly abided by the international humanitarian law concerning the limitation to the fighting methods and means. And when our army fights against the enemy, carrying out the marine blockade, what we should do first is to adapt such blockade method as "appointing route" to assure the blockade efficiency in terms of our navy power and on the base of assuring marine forces as adequately as possible, Secondly, we should carry out the recognition and solution of ships of destroying blockade, according to different ships of the enemy. Thirdly, when we block the enemy, what we should do is not to stop the international society from providing civilians, wounded and refugees with the international humanitarian aid and protection.